Dispensa por justa causa do empregado que se recusa a tomar a vacina contra a covid-19: limites do poder disciplinar patronal

Abstract

The aim of this work was to analyze the collision between the fundamental rights to employee self-determination and public health, considering that the individual, whose choice is not to get vaccinated, poses a risk to the whole society, including in their Desktop. Faced with such a conjuncture, employers saw the possibility of dismissal for just cause for failure to present the passport vaccination of its employees - that is, for non-compliance with a general order -, for through the exercise of disciplinary power, when considering such an attitude as an act of indiscipline. The method used was deductive. Based on the interpretation of labor legislation in force, from doctrinal research on Labor Law, from the study of articles and theses on fundamental rights and duties, on COVID-19 and the impacts on labor relations, the following premises were analyzed: dismissal for just cause is valid in the cases provided for in art. 482, CLT, and the refusal of the vaccine by a used as an act of indiscipline, as stated in item h, of art. 482, CLT For the study were used works of indoctrinators such as Mauricio Godinho Delgado and Carlos Henrique Bezerra Leite, in addition to studies by teachers such as Dr. Jeane Martins, Dr. Daury Fabriz, Dr. Adriano Pedra, among others